Gary Eisenberg is a partner at Perkins Coie and a litigator with more than 30 years of experience in creditors’ rights, workouts, litigation, and bankruptcy. He works extensively with commercial mortgage-backed securities (CMBS) special servicers, collateralized debt obligation (CDO) holders, and other financial institutions, focusing on industries facing distress, including hospitality and real estate, and he previously chaired the firm’s CMBS practice.
Mark Silverman is a partner at Troutman Pepper Locke who represents national financial institutions, CMBS special servicers, fintech companies, and non-bank lenders in complex loan workouts, creditors’ rights, loan enforcement, and bankruptcy matters.
A decade of multifamily loans was underwritten on cheap, short-term, floating-rate debt and bridge financing that assumed rates would stay low and values would keep climbing. Those assumptions have collapsed, and a wave of CMBS loans is now maturing into a market where the borrower cannot refinance and the property no longer covers the debt. Special servicers, lenders, borrowers, and the receivers who step into these assets are already fighting over debt calculation, pre-negotiation agreements, and whether non-recourse carveouts have sprung full recourse against the principals behind Tides, GVA, and Lurin. This program maps the workout and enforcement track from both chairs: debt calculation in and out of bankruptcy, pre-negotiation agreements, forum selection, receivership appointment and sale, springing-recourse and bad-boy guaranty triggers, and the choice among foreclosure, receivership, and bankruptcy. Attendees will be able to read a distressed loan from either side and select the resolution path that recovers the most value.
What Will You Learn
Attorneys will learn how to resolve matured and maturing multifamily CMBS loans through workouts, receiverships, guaranty enforcement, and the choice among foreclosure, receivership, and bankruptcy.
What Will You Gain
Practical strategies to calculate debt, negotiate pre-negotiation agreements, obtain and oppose receiverships, trigger springing recourse, and select the recovery path that returns the most value.
Key topics to be discussed:
This course is co-sponsored with myLawCLE.
Date / Time: August 26, 2026
Closed-captioning available
Gary Eisenberg, Partner | Perkins Coie LLP
Gary Eisenberg is a partner at Perkins Coie and a litigator with more than 30 years of experience in creditors’ rights, workouts, litigation, and bankruptcy. He works extensively with commercial mortgage-backed securities (CMBS) special servicers, collateralized debt obligation (CDO) holders, and other financial institutions, focusing on industries facing distress, including hospitality and real estate, and he previously chaired the firm’s CMBS practice.
Mr. Eisenberg earned his J.D. from New York University School of Law and his B.A. in economics and mathematics, magna cum laude and with distinction, from Yale University. He is admitted to practice in New York and New Jersey and served as a law clerk to the Honorable Stewart Pollock of the Supreme Court of New Jersey.
Super Lawyers has named him a New York Metro Super Lawyer for Bankruptcy and Creditor/Debtor Rights from 2013 through 2025, and Legal Leaders recognized him as a Top Rated Litigator in 2023. He previously chaired the firm’s CMBS practice and served as New York chair of the Perkins Coie Community Service Committee.
He has served on the Membership Committee of the New York Chapter of the Turnaround Management Association and remains active in community organizations in New York. His practice continues to center on secured creditors, bondholders, distressed-asset buyers, and the debtor-creditor aspects of complex structured-finance transactions.
He has represented CMBS special servicers, private lenders, and financial institutions in the foreclosure and enforcement of more than $1 billion of defaulted financial instruments, including hotels, healthcare facilities, and a 747 aircraft repossessed off a military base. After taking title in a contested foreclosure, he obtained what is reputed to be the largest deficiency judgment in that jurisdiction on a bad-actor guaranty, and he has restructured leveraged businesses using Article 9 of the Uniform Commercial Code.
Mark A. Silverman, Partner | Troutman Pepper Locke LLP
Mark Silverman is a partner at Troutman Pepper Locke who represents national financial institutions, CMBS special servicers, fintech companies, and non-bank lenders in complex loan workouts, creditors’ rights, loan enforcement, and bankruptcy matters. He is known for an aggressive approach and a track record in complex foreclosures and guarantor litigation, and he frequently speaks, writes, and comments on the CMBS industry and loan enforcement.
Mr. Silverman earned his J.D. from Chicago-Kent College of Law at the Illinois Institute of Technology and his B.A. in speech communications, cum laude, from the University of Illinois. He is admitted to practice in Illinois.
He has been named to the Global Restructuring Review 100 and to Lawdragon’s 500 Leading U.S. Bankruptcy and Restructuring Lawyers, and he has received the Connect Commercial Real Estate Lawyers in Real Estate Award. Best Lawyers in America has recognized him in bankruptcy and creditor-debtor rights, commercial litigation, and bankruptcy litigation, and Crain’s Chicago Business named him a Notable Rising Star in Law.
He serves as a board member of the Turnaround Management Association and as co-chair of its Communications Committee. He is a frequent speaker and author on receiverships, CMBS, and distressed commercial real estate, and national outlets regularly seek his commentary on multifamily and CMBS loan distress.
He represents some of the largest CMBS special servicers in the United States in contested foreclosure litigation, guarantor litigation, receiverships, and bankruptcy matters in Illinois and nationwide, and he works out loans across office, multifamily, retail, hospitality, healthcare, and industrial assets. In BMO Harris Bank, N.A. v. K&K Holdings, LLC, he defeated the borrowers’ argument that the bank was barred by res judicata from enforcing a commercial guaranty across multiple counties, and the Appellate Court of Illinois, Second District, affirmed. He negotiates loan sales, pursues complex enforcement actions, defends lender-liability claims, and represents receivers in complex matters.
SESSION 1 – The $162 Billion Multifamily Maturity Cliff: Workouts and Losses | 1:00pm – 2:00pm
Through modified case studies, this session covers debt calculation in and out of bankruptcy, workouts and pre-negotiation agreements versus litigation, forum selection, obtaining and opposing receiverships, receiver sales, and the restructuring pitfalls that vary by asset class.
BREAK | 2:00pm – 2:10pm
SESSION 2 – The Servicer-Side CMBS Enforcement Playbook: Special Servicing, Guaranty Recourse, and the Path to Recovery | 2:10pm – 3:10pm
From the lender and special-servicer perspective, this session traces special-servicing hand-off and authority, non-recourse carveout and bad-boy guaranty enforcement, guarantor litigation from the Tides, GVA, and Lurin suits, the choice among foreclosure, receivership, and bankruptcy, and deed-in-lieu resolutions.